Court Sets Sept. 29 for Hearing on Osun Govt’s Motion Over Withheld Local Govt Funds

The Federal High Court in Abuja has scheduled September 29, 2025, to hear a motion filed by the Osun State Government challenging the court’s jurisdiction in a suit concerning the withholding of local government funds.

At Monday’s proceedings, the Osun State Government, through its lead counsel Musibau Adetumbi (SAN), argued that the case—originally assigned to the Abuja Division during the court’s vacation period—should now be transferred back to the Osogbo Division, following the end of the vacation on September 16.

The jurisdictional objection is based on two main grounds:

1. The vacation fiat granted to hear the matter in Abuja is no longer valid since the vacation has ended.

2. The validity of a letter allegedly from the office of the Chief Judge of the Federal High Court assigning Justice Emeka Nwite to continue hearing the case in Abuja.

Adetumbi raised concerns over the letter’s authenticity, noting that it was signed by someone described as the “Personal Assistant to the Personal Assistant of the Chief Judge.” He described this person as a “busybody” and not legally recognized to sign such an important document, urging the court to first determine the validity of the letter before addressing the substantive issues in the case.

In opposition, counsel for the Central Bank of Nigeria (CBN), Dr. Muritala Abdulrasheed (SAN), and that of the Accountant General of the Federation, Alhaji Tajudeen Oladoja (SAN), argued that the application was a delay tactic. They warned that the case risked becoming academic after October 22, 2025, when the tenure of the affected APC-elected chairmen and councillors expires.

After hearing arguments from both sides, Justice Emeka Nwite ruled that the issue of jurisdiction would be addressed first and adjourned the matter to September 29 for hearing.

Earlier in the proceedings, the judge struck out the name of the Attorney General of the Federation (AGF) from the list of defendants. Counsel for the plaintiff explained that the case against the AGF had been withdrawn because a similar matter involving the AGF is currently pending before the Supreme Court.

Background of the Suit

The case was filed by the Osun State Attorney General, Oluwole Jimi-Bada, on behalf of the state government. The state is seeking a court order to restrain the CBN and the Accountant General of the Federation from operating or maintaining local government accounts on behalf of the chairmen and councillors elected under the All Progressives Congress (APC) in October 2022.

The Osun State Government maintains that the affected officials were sacked by a Federal High Court judgment—upheld by the Court of Appeal—and should therefore no longer be recognized.

Among the reliefs sought is:

• An interim injunction restraining the CBN from opening or maintaining accounts for the sacked officials.

• An order stopping the disbursement of federal allocations to the affected local government chairmen and councillors.

The chairmen were elected in a controversial local government election that featured only APC candidates.